JUDGMENT 1. - In this case originally it was alleged that Ashok Kumar used to commit theft and hand over money to Nauratan Mal. The trial was conducted by making Ashok Kumar approver and Nauratan Mal as accused. The trial Court has found that only on the evidence of approver Ashok Kumar, no conviction can be recorded. It has sought corroboration from the evidence of Bhanwar Lal PW 1, Sampat Bai PW 4 and Hema Ram PW 5 and on the basis of their testimonies the trial Court has convicted the accused-appellant under section 380 r/w Section 109 & Section 411 IPC. 2. The learned counsel for the appellant has assailed the findings of the trial Court on the ground that principal offender who has committed the offence of theft has turned approver and it is his evidence, which is being used to convict the accused- appellant. If the principal offender, who has committed the offence of theft has been granted pardon then conviction of abator on the strength of approver's evidence is not safe. The testimony of Bhanwar Lal PW 1, Sampat Bai PW 4 and Hema Ram PW 5 is of no consequence because neither any conspiracy or abatement is proved by their testimony or it is established that in any way the appellant abated the crime. 3. Learned counsel for the State has not been able to substantiate the case against the accused-appellant. 4. The material on record is not sufficient to convict the accused for abatement, because there is hardly any evidence on record to prove abatement. In this view of the matter the conviction recorded cannot be sustained. Consequently, the appeal is accepted. The conviction and sentence recorded against the accused are set-aside. He' g acquitted of the charge levelled against him. The accused is on bail. His bail bonds are cancelled.Appeal allowed. *******